Bill Text: IN HB1343 | 2012 | Regular Session | Introduced
Bill Title: Department of child services reporting; kinship caregiving.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-01-11 - First reading: referred to Committee on Family, Children and Human Affairs [HB1343 Detail]
Download: Indiana-2012-HB1343-Introduced.html
Citations Affected: IC 31-9-2; IC 31-25-2; IC 31-26-7.
Synopsis: Department of child services reporting; kinship caregiving.
Requires the department of child services (department) to submit
annually a report to the legislative council concerning turnover rates
and information relating to the turnover of caseworkers. Requires the
department to submit annually: (1) an affidavit affirming that each
caseworker's caseload does not exceed the amount allowed under law;
or (2) if the department determines that a caseworker's caseload has
exceeded the amount allowed under law at any time during the year, a
report containing certain information regarding caseworkers' caseloads.
Provides that an appropriation to the department: (1) does not revert at
the end of any state fiscal year but remains available for the purposes
of the appropriation in subsequent state fiscal years; and (2) is not
subject to transfer to any other fund or to transfer, assignment, or
reassignment for any other use or purpose except to assign or reassign,
upon request, an appropriation to the department from one purpose to
another purpose of the department. Requires the department to
establish a minimum of three kinship care navigator pilot projects to
assist kinship caregivers with understanding and navigating the system
of services for children in out-of-home care. Requires the department
to report annually to the legislative council and governor on the
implementation of the kinship care navigator pilot projects with
recommendations on statewide implementation of the pilot projects
beginning one year after implementation of the pilot projects. Requires
the department to: (1) provide financial assistance for not more than six
months to a kinship caregiver with whom the department has made an
out-of-home placement of a child; (2) create certain written guidelines
Effective: July 1, 2012.
January 10, 2012, read first time and referred to Committee on Family, Children and
Human Affairs.
Digest Continued
for kinship caregivers; (3) provide the written guidelines to each
kinship caregiver before a child is placed with the kinship caregiver or
at the time the child is placed with the kinship caregiver; and (4)
assemble an advisory group to make recommendations concerning
curriculum and information that should be provided in training courses
for kinship caregivers, develop an appropriate curriculum for training
courses for kinship caregivers, and administer training courses for
kinship caregivers.
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
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A BILL FOR AN ACT to amend the Indiana Code concerning
family law and juvenile law.
SECTION 1. IC 31-9-2-72.5, AS ADDED BY P.L.153-2007,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 72.5. (a) "Kinship caregiver", for purposes of
IC 31-25-2-20, IC 31-25-2-26 and IC 31-26-7, means a person who is:
(1) at least eighteen (18) years of age;
(2) related to a child by blood, adoption, or marriage or is a
godparent or stepparent of the child; and
(3) the primary caregiver for and provider of financial support of
a child described in subdivision (2) who is residing with the
person.
(b) The term includes a grandparent, a great grandparent, a sibling,
an uncle, an aunt, a nephew, a niece, or a first cousin.
IC 31-25-2-20, IC 31-25-2-26 and IC 31-26-7, means a person that
who assists kinship caregivers with understanding and navigating the
system of services for children in out-of-home care under the pilot
projects established under IC 31-25-2-20. IC 31-25-2-26.
(1)
(2) IC 31-26-6, the term refers to a service region established under IC 31-26-6-3.
(1) The turnover rate of caseworkers each year for each region.
(2) For any region that has a turnover rate that exceeds fifteen percent (15%), a plan that:
(A) details the measures that the department intends to implement to reduce the percentage below fifteen percent (15%) by December of the following year; and
(B) includes the following information:
(i) Whether the qualifications and experience requirements for the caseworker positions are appropriate for the level and skill required for the positions.
(ii) A description of the supervisory and support tools provided to caseworkers for addressing volatile situations.
(iii) A determination by the department of whether the supervisory and support tools described under item (ii)
are sufficient to help caseworkers manage volatile
situations.
(iv) Whether a caseworker is able to fully use the
caseworker's judgment and training in managing the
caseworker's cases.
(b) The report described in subsection (a) must be in an
electronic format under IC 5-14-6.
(b) If the department determines that a caseworker's caseload has exceeded the amount allowed under section 5 of this chapter at any time during the year, the department shall submit a report to the legislative council on or before December 1 of that year that contains the following:
(1) The number of caseworkers whose caseloads have exceeded the amount allowed under section 5 of this chapter.
(2) The number of cases by which each caseworker's caseload exceeded the amount allowed under section 5 of this chapter.
(3) The period during which each caseworker's caseload exceeded the amount allowed under section 5 of this chapter.
(4) The reasons the additional cases were assigned to each caseworker described under subdivision (1).
(5) The department's plan to remedy and prevent the exceeding of the maximum caseload allowed under section 5 of this chapter for all caseworkers in the future.
(c) The:
(1) affidavit submitted under subsection (a); and
(2) any report submitted under subsection (b);
must be in an electronic format under IC 5-14-6.
(1) is to fund the responsibilities of the department specified in section 7 of this chapter;
(2) does not revert at the end of any state fiscal year but remains available for the purposes of the appropriation in subsequent state fiscal years, notwithstanding IC 4-13-2-19 or any other law; and
(3) is not subject to transfer to any other fund or to transfer, assignment, or reassignment for any other use or purpose by:
(A) the state board of finance notwithstanding IC 4-9.1-1-7, IC 4-13-2-23, or any other law; or
(B) the budget agency notwithstanding IC 4-12-1-12 or any other law.
However, the budget agency may assign or reassign an appropriation to the department from one (1) purpose of the department to another purpose of the department to meet the most critical needs of children and families in Indiana upon request from the department.
(b) This subsection applies notwithstanding IC 4-13-2-18 or any other law. The department shall expend amounts appropriated to the department for the purposes of the department in the state fiscal year for which the appropriation is made or encumber the appropriated amounts within that state fiscal year for expenditure within a reasonable period following the end of that state fiscal year. The department may not withhold or reduce a request for an allotment of an amount appropriated to the department in order to revert or fail to expend an appropriation to the department. To the extent that an appropriation has not been previously allotted, the budget agency shall allot an amount appropriated to the department for the purposes of the department upon request by the department.
(b) The proposal under subsection (a) must seek to do the following:
(1) Divide the whole state into the following three (3) regions:
(A) Northern Indiana.
(B) Central Indiana.
(C) Southern Indiana.
(2) Establish at least one (1) kinship care navigator pilot project in each region described under subdivision (1).
(c) A person who acts as a kinship care navigator under the kinship care navigator pilot project shall be required to do the following:
(1) Have an understanding of the various state agency systems
serving kinship caregivers.
(2) Work in partnership with local community service
providers.
(3) Track trends, concerns, and other factors related to
kinship caregivers.
(4) Assist in establishing stable, respectful relationships
between kinship caregivers and department staff.
(d) The department shall report annually to the:
(1) legislative council in an electronic format under IC 5-14-6;
and
(2) governor;
on the implementation of the kinship care navigator pilot projects
with recommendations on statewide implementation of the pilot
projects beginning one (1) year after implementation of the pilot
projects.
(e) The report under subsection (d) must:
(1) provide data that demonstrates whether the kinship care
navigator pilot projects reduced barriers of access to services
by kinship caregivers;
(2) identify statutory and administrative barriers for kinship
caregivers; and
(3) provide recommendations to reduce or eliminate the
barriers to services without adverse consequences to children
placed with kinship caregivers.
(f) The department shall apply for any available federal funding
for the projects under this section.
(g) This section expires January 1, 2016.
Chapter 7. Kinship Assistance and Information
Sec. 1. (a) The department shall provide financial assistance in accordance with this chapter to a kinship caregiver with whom the department has made an out-of-home placement of a child.
(b) Subject to subsection (c), a kinship caregiver described under subsection (a) shall receive the same financial assistance for the placement of a child with the kinship caregiver, including any funds received at the time of the placement of a child, that a licensed foster family home would receive for the placement of a child in a licensed foster family home.
(c) Financial assistance provided under this chapter begins at the time the child is placed with a kinship caregiver and ceases at
the earlier of the following:
(1) Six (6) months after the date that the kinship caregiver
begins receiving financial assistance under this chapter.
(2) At the time the kinship caregiver begins to receive
assistance as a licensed foster family home.
(3) At the time the child no longer resides with the kinship
caregiver.
Sec. 2. The department shall create written guidelines for
kinship caregivers that include the following:
(1) A statement that:
(A) a kinship caregiver may receive assistance under this
chapter for a maximum of six (6) months;
(B) if the kinship caregiver would like to continue to
receive assistance for the child from the department, the
kinship caregiver is required to become a licensed foster
family home; and
(C) even if the kinship caregiver believes that the
out-of-home placement of the child with the kinship
caregiver is temporary, the kinship caregiver should
pursue obtaining a license as a foster family home to
ensure the kinship caregiver receives assistance for as long
as the child resides with the kinship caregiver.
(2) Information that describes how a kinship caregiver can
become a licensed family foster home.
(3) Information concerning the kinship navigator pilot
projects established under IC 31-25-2-26.
Sec. 3. The department shall provide the written guidelines
created under section 2 of this chapter to each kinship caregiver
before a child is placed with the kinship caregiver or at the time the
child is placed with the kinship caregiver.
Sec. 4. (a) The department shall do the following:
(1) Assemble, not later than September 1, 2012, an advisory
group that includes caseworkers and kinship caregivers from
around the state to make recommendations concerning
curriculum and information that should be provided in
training courses for kinship caregivers.
(2) Develop an appropriate curriculum for training courses
for kinship caregivers that specifically address the unique
needs of kinship caregivers.
(3) Administer training courses for kinship caregivers.
(b) An advisory group assembled under subsection (a)(1) shall
provide recommendations to the department not later than
December 31, 2012.
